UNITED STATES FIDELITY AND GUARANTY CO. v. MAXWELL

UNITED STATES FIDELITY AND GUARANTY CO. v. MAXWELL
1958 OK 146
329 P.2d 857
Case Number: 37711
Decided: 06/10/1958
Supreme Court of Oklahoma

UNITED STATES FIDELITY AND GUARANTY COMPANY, PLAINTIFF IN ERROR,
v.
TALMADGE MAXWELL, DEFENDANT IN ERROR.

Syllabus by the Court.

¶0 1. A provision in an automobile liability insurance policy that said insurance 'shall comply with the provisions of the motor vehicle financial responsibility law * * * to the extent of coverage and limits of liability required by said law' does not of itself, make it a 'motor vehicle liability policy' as defined by

Appeal from the District Court of Muskogee County; E.G. Carroll, Judge.

Plaintiff Talmadge Maxwell obtained judgment for personal injuries sustained by him in an automobile collision and began garnishment proceedings in aid of execution against United States Fidelity and Guaranty Company, garnishee, as insurance carrier. From a judgment for plaintiff, said garnishee has appealed. Reversed and garnishee discharged.

Monnet, Hayes & Bullis, Oklahoma City, for plaintiff in error.

Norman & Wheeler, Edwin Langley, Muskogee, Amos T. Hall, Tulsa, for defendant in error.

DAVISON, Justice.

¶1 This action, except brought by a different plaintiff to recover damages for personal injuries, is identical, to cause numbered 37,710 styled United States Fidelity and Guaranty Co. v. Walker, Okl., 329 P.2d 852.

¶2 Therefore, the syllabus and opinion in said case no. 37,710 is hereby adopted as the syllabus and opinion herein.

¶3 Judgment is reversed and garnishee is discharged.

¶4 WELCH, C.J., and DAVISON, HALLEY, JOHNSON, WILLIAMS, JACKSON and CARLILE, JJ., concur.

¶5 CORN, V.C.J., and BLACKBIRD, J., dissent.